PRAHLAD SINGH Vs. STATE OF UTTARAKHAND
LAWS(UTN)-2013-1-40
HIGH COURT OF UTTARAKHAND
Decided on January 04,2013

Prahlad Singh and Ors. Appellant
VERSUS
State of Uttarakhand and Anr. Respondents

JUDGEMENT

Servesh Kumar Gupta, J. - (1.) IT is a matrimonial dispute. It appears that marriage of Ms. Deep was solemnized with Naresh Singh Bohra three years prior to the alleged incident. Matrimonial relations could not remain peaceful between the parties. Dowry was alleged demanded by the accused persons. Ms. Deepa died on 26.9.2012. FIR was lodged by her brother Kamal Singh on 27.9.2012. Learned Senior Counsel for the applicants submitted that an application was moved by Prahlad Singh Bohra (father -in -law) and other applicants to the Superintendent of Police/Chairman, Women Counseling Bureau, Champawat with the averments that after reconciliation between the couple, the bride was fetched from her native house on 16.4.2012 and since then she was living separately along with her husband. It has also been mentioned in the said application that Naresh (husband) was, engaged outside in some private job. It was also disclosed that Ms. Deepa earlier also had moved an application to the Women Cell, Champawat complaining against her husband and other accused applicants.
(2.) THIS Court feels that albeit ration card of Naresh Singh Bohra might have been prepared separately, but the fact remains that the deceased died in village Gumod, where her matrimonial house was situated. In the post -mortem report, cause of death has been attributed to asphyxia as a result of ante mortem hanging. Though the evidence collected by the Investigation Officer is not before this Court, but having heard learned Counsel for the accused applicants and learned State Counsel and on going through the papers on record, this Court is of the opinion that on the basis of the allegations made against the accused applicants, a prima facie case is made out against them. Furthermore, accused have been indicted after due investigation. Hence, this Court is not inclined to interfere with the ongoing prosecution and thus stifle a legitimate prosecution.
(3.) MOREOVER , it is settled position of law, which has been reiterated time and again by the Hon'ble Apex Court that in matters under Section 482 Cr.P.C., this Court is not supposed to scrupulously analyze all the details and embark upon an enquiry wherein the entire facts are incomplete and hazy, but has only to assess and weigh prima facie as to whether there is an apparent abuse of process of court being committed or not. Resultantly, petition is dismissed at the very threshold. However, considering the fact that the accused applicants before this Court are father -in -law, mother -in -law, married and unmarried sisters -in -law, it is directed that if they surrender before the court below or arrested by the police, their bail applications shall be decided as expeditiously as possible and without any unreasonable delay.;


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